D.S. DHANKHAR Vs. KAMLESH

JUDGEMENT

(1.) BY this common order CRM -M -10698 of 2011 (hereinafter described as 'first petition') and CRM -M -21168 of 2011 (for short 'second petition') are being disposed of as prayer in both the petitions is for quashing of complaint dated 17.09.2007 (Annexure P -8) and the summoning order dated 15.07.2010 (Annexure P -10). The petitioner in the first petition was posted as Medical Superintendent, General Hospital, Gurgaon -cum -Coordinator Urban, Gurgaon for Polio Programme and in second petition, the petitioner was posted as Civil Surgeon of the said hospital.

(2.) THE complaint pertains to an incident dated 09.09.2007. The facts are extracted from first petition: -

(3.) THE petitioners challenged the summoning order before the Sessions Court in revision which was partly allowed by setting aside the summoning order for offence under Section 3 of the Act. It was admitted before the Revisional Court that respondent is Arora by caste but her stand was that she married to a boy who belongs to a scheduled caste and by marrying him she too became a member of scheduled caste for which the SDO (Civil) issued her certificate in the year 1985.